3-CD 51-3.12.8 Contract Labor and Wages info.pdf

STEEL RIVERS COUNCIL OF GOVERNMENTS

Request for Bids

July 2026

CD 51-3.12.8

SANITARY SEWER POINTS REPAIRS

CLAIRTON MUNICIPAL AUTHORITY

City of Clairton

Steel Rivers Council of Governments

1705 Maple Street, Room 100

Homestead, PA 15120

412-462-7600 (phone)

412-462-3986 (fax)

KLH Engineers, Inc.

5173 Campbells Run Road

Pittsburgh, PA 15205

Phone: 412-494-0510

Ref. No. 273-172

Project Timeline: 120-Day Completion Period

Steel Rivers Council of Governments

Contract Selection Procedure

1. In all cases, solicitations of offers, whether by competitive sealed bids or competitive negotiation, shall:

A. Incorporate a clear and accurate description of the technical requirements for the material(s); product(s) or service(s) to be procured. Such description shall not, in competitive procurements, contain features that unduly restrict competition.

B. Clearly set forth all requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals.

2. Awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the contract. Consideration shall be given to such matters as contractor integrity; compliance with specifications and public policy; record of past performance and experience and financial and technical resources.

3. Reasons for rejection of bids or proposals shall include, but not be limited to :

A. Failure to submit the proposal on the form furnished by the SRCOG;

B. Failure to sign the bid proposal or any of the required affidavits and other certificates attached thereto;

C. Failure to furnish the required proposal guarantee;

D. The inclusion of conditions or qualifications not provided for in the bid proposal form;

E. Any part of the proposal form is detached;

F. If the proposal contains any omissions, erasures, alterations, additions not called for or irregularities of any other kind;

G. Any bid prices are obviously unbalanced;

H. Failure to submit with bid or proposal such statements which may be necessary to determine the adequacy and/or stability of a firm. Such statements shall include but are not limited to:

i. Financial Statement

ii. Qualification / Experience Statement

iii. List of Available Equipment

CONTRACT NO. _________

SAMPLE AGREEMENT

THIS AGREEMENT, made this _____ day of ______________ in the year Two Thousand Twenty-Six

BY AND BETWEEN

Steel Rivers Council of Governments (SRCOG)

1705 Maple Street

Homestead PA 15120

Acting as Administrative Agent as established under separate Project Administration Agreement for the Municipality of: __________________________ hereinafter referred to as “Municipality” and hereinafter referred to as “Contractor.”

WITNESSETH,

WHEREAS, Municipality requires the services of a Contractor to perform all work, to provide and furnish all labor, all necessary tools and equipment, all utility and transportation services and materials, both expendable and permanent, all as required in complete accordance with the Contract Specifications and other Documents for the successful completion of the project known as:

WHEREAS, Contractor possesses experience and is skilled in the work to be performed; and

WHEREAS, Contractor has submitted a bid for the project, which bid has been accepted by the Municipality.

NOW, THEREFORE, in consideration of the mutual covenants contained hereafter and intending to be legally bound hereby, Municipality and Contractor mutually agree as follows:

ARTICLE 1. LOCATION AND OWNERSHIP OF PROJECT

Contractor understands that this project is located within the municipal boundaries of _________________.

ARTICLE 2. MANAGEMENT RESPONSIBILITIES

The Steel Rivers Council of Governments (SRCOG hereinafter) is recognized as the agent for Municipality in soliciting the proposal, accepting the bid, awarding the contract and administering the CDBG program on behalf of Municipality for the project hereinafter described. Engineering guidance and technical supervision will be furnished by Municipality. All work on the project must be performed to the satisfaction of Municipality. Any contract problems or disputes must be resolved between Contractor and

Municipality.

ARTICLE 3. STATE-ASSISTED PROJECT

Contractor understands that this project is being assisted with Federal funds provided through the Federal Community Development

Block Grant (CDBG) program. Contractor further understands that within the County of Allegheny these funds are administered and disbursed by Allegheny County Economic Development (ACED hereinafter). Contractor therefore agrees to comply with any and all applicable regulations, conditions, and policies established by the CDBG program and the ACED.

ARTICLE 4. SCOPE OF WORK

The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery tools, equipment, tests and services, including utility and transportation service and perform and complete all work required which consists of

All items shall be complete in place as fully specified and in accordance with the Drawings and Specifications for the project entitled:

Project Number – Project Name -and, in strict accordance with the contract documents for this project, which are incorporated herein and made a part of this

Agreement, including all addenda thereto, as prepared by: (municipal engineer) .

ARTICLE 5. TIME OF COMPLETION

Work shall commence upon receipt of notice to proceed issued by Agent, Municipality’s engineer, architect or official managing the project and shall be completed within the time specified in the Contract Documents. All work shall be completed no later than forty-five (45) calendar days from the date of written notice to proceed.

ARTICLE 6. CONTRACT SUM

Municipality will pay Contractor through SRCOG for performance of the Contract, for total quantities of work performed at the prices stipulated in the bid, subject to any additions and modifications provided therein and established in award, in current funds, the sum of

($__________). This sum is the Total Bid Amount.

It is understood and agreed to by the parties to this Agreement that the Municipality shall be solely obligated, and not the SRCOG, to pay any and all authorized costs in excess of those covered by the grant funds allocated for the project, said costs being the difference between the sum total of any and all construction/program related expenses as identified by the bid, together with applicable change orders, and the grant amount allocated to the project. SRCOG shall have no liability for any funds over and above those grant funds that are allocated and awarded to a project, and Municipality agrees to indemnify, defend and hold SRCOG harmless from any such liability.

ARTICLE 7. PAYMENTS

Contractor shall recognize that payment to Contractor by SRCOG is contingent upon receipt of funds from either Municipality or the

ACED. Funds are guaranteed, but a drawdown process shall be followed. Therefore, payments shall be subject to the following conditions and stipulations:

A. Contractor shall process all requests for payment through Municipality and its engineer, architect or official managing the project. No payments will be made unless first approved by Municipality and its engineer, architect or official managing the project. Payment will be in the amount approved by Municipality and its engineer, architect or official managing the project.

Any problems or disputes concerning the approved amount must be resolved between Contractor and Municipality. It is understood and agreed to by the parties to this Agreement that the Municipality shall be solely obligated, and not the

SRCOG, to pay any and all authorized costs in excess of those covered by the grant funds allocated for the project, said costs being the difference between the sum total of any and all construction/program related expenses as identified by the bid, together with applicable change orders, and the grant amount allocated to the project. SRCOG shall have no liability for any funds over and above those grant funds that are allocated and awarded to a project, and Municipality agrees to indemnify, defend and hold SRCOG harmless from any such liability.

B. When the written approval of Contractor’s request for payment is received from Municipality and its engineer, architect or official managing the project, SRCOG will commence the drawdown process for funds from the appropriate paying source within five (5) working days of receipt of same, provided that Contractor has submitted all documents required by the CDBG

Program. If all required documents have not been submitted, the drawdown process will not commence until said documents are received by SRCOG. In such case, the drawdown process will then commence within five (5) working days of receipt of the required CDBG program documents.

C. If CDBG funds are involved, a request for those funds will be made from ACED. SRCOG shall pay the full amount of

GCDBG funds received within three (3) working days following receipt of same from ACED. Same shall apply to final payment provided all provisions of the Contract Documents have been complied with. Contractor shall note that payment to

SRCOG from ACED may take up to eight (8) weeks for progress payments and ten (10) weeks for final payment. Contractor understands and agrees that neither SRCOG nor Municipality shall be responsible or liable for any delay in receiving payments from ACED. Contractor understands and agrees that SRCOG cannot and will not make payment of any portions of the project payable by ACED until those funds are received from ACED.

D. Contractor shall be responsible for submitting, in a timely fashion, on Contractor’s behalf and on behalf of any and all subcontractors retained by Contractor, as well as any lower tier subcontractors retained by Contractor’s subcontractors, all payrolls, monthly reports and any other documents required by the CDBG program. Failure to submit these items, or failure to submit properly completed documents may be cause for delay in Contractor receiving payment.

E. If Municipality’s funds are involved, SRCOG shall make a request for those funds from Municipality. SRCOG shall pay the full amount approved by Municipality following receipt from Municipality. Contractor understands and agrees that SRCOG cannot and will not make payment of any portions of the project payable by Municipality until those funds are received from

Municipality. SRCOG’s responsibility for securing these funds shall be limited to making the initial request for those funds from Municipality. Contractor further understands and agrees that SRCOG shall not be held responsible or liable for any delay in receiving payments from Municipality. It is understood and agreed to by the parties to this Agreement that the

Municipality shall be solely obligated, and not the SRCOG, to pay any and all authorized costs in excess of those covered by the grant funds allocated for the project, said costs being the difference between the sum total of any and all construction/program related expenses as identified by the bid, together with applicable change orders, and the grant amount allocated to the project. SRCOG shall have no liability for any funds over and above those grant funds that are allocated and awarded to a project, and Municipality agrees to indemnify, defend and hold SRCOG harmless from any such liability.

F. When submitting requests for payment, Contractor shall anticipate the approval time required by ACED and Municipality.

Contractor shall not impose or attempt to impose any time frame, number of days or dates by which payment shall be due.

Since this is a project assisted with Pennsylvania State Funds through the CDBG program, no local law is applicable to or governs this project, no interest charges shall be permitted on outstanding requests for payment, and no interest, fees or penalties shall accrue on any requests for payment made by Contractor.

G. All payments will be made through the SRCOG office.

H. Acceptance of final payment and negotiation of the check representing final payment by Contractor shall act as a release by

Contractor of any and all claims Contractor may have against SRCOG and/or Municipality.

ARTICLE 8. CONTRACT DOCUMENTS

Contract documents shall include the following, which are made part hereof with like force and effect as though recited herein:

(a) Public advertisement (Notice to Bidders Invitation to Bid)

(b) Instructions to Bidders and Special Notice to Bidders

(c) Completed and signed Bid Proposal

(d) Performance Bond, Labor & Material Payment Bond, and Contractor’s Certificate of Insurance

(e) Federal, State & County requirements– Grantee Procurement Guidelines (Procurement Policy of ACED)

(f) General Conditions as prepared by Municipality or its engineer or architect

(g) Special Conditions as prepared by Municipality or its engineer or architect

(h) Supplementary Conditions as prepared by Municipality or its engineer or architect

(i) Technical Specifications as prepared by Municipality or its engineer or architect

(j) Standard Specifications and Standard Construction Details as prepared by Municipality or its engineer or architect

(k) Drawings as listed in the Schedule of Drawings as prepared by Municipality or its engineer or architect

(l) Certifications Forms:

1) Notice to Prime/Subcontractors Form

2) Prime/Subcontractor Affirmative Action Certification

3) Schedule of all Subcontractors to be used on project

4) Award Verification for Prime / Subcontractor / Suppliers - PL3/PL4/PL5

5) Agreement between Prime Contractor and Subcontractor and Supplier

6) Fringe Benefit Letter

7) M/W/DBE/VOSB Solicitation and Commitment Statement

(m) General Conditions as summarized by ACED

(n) All other documents, plans, specifications, drawings and change orders not enumerated above, as prepared by Municipality or its engineer or architect

(o) All Addenda and Modifications to any of the above

ARTICLE 9. CONTRACTOR’S REPRESENTATIONS

Contractor has familiarized itself with the nature and the extent of the Contract Documents, work, locality, and with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work.

Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the work which were relied upon by the engineer or architect in the preparation of the Drawings and Specifications which has been identified in the project specifications.

Contractor has made, or caused to be made, examinations, investigations and tests and studies of such reports and related data as it deemed necessary for the performance of the work at the Contract Price, within the Time of Completion and in accordance with the other terms and conditions of the Contract Documents; and no additional examination, investigations, tests, reports or similar data are or will be required by Contractor for such purposes.

Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

Contractor has given Municipality, Municipality’s engineer, architect or official managing the project, or SRCOG written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents.

ARTICLE 10. INSURANCE

A. Contractor shall at its own cost and expense procure and maintain insurance required under the Pennsylvania Workers

Compensation Law and submit a Certificate of Insurance attesting to this coverage.

B. Contractor shall at its own cost and expense procure and maintain insurance required by the bid documents at the limits of coverage specified therein and shall submit a Certificate of Insurance attesting to these coverages.

C. Contractor agrees to indemnify and save harmless SRCOG and Municipality from all suits or actions, damages or costs of every name and description to which SRCOG or Municipality may be subjected or put by reason of negligence or carelessness or improper methods of operation on the part of Contractor, his servants, agents or subcontractors in the prosecution of the work, or by or on account of any act or omission of Contractor, his servants, agents or subcontractors.

ARTICLE 11. BONDS

Contractor has furnished herewith Surety Bonds each by a Surety Company authorized to do business in Pennsylvania and each in the amount of one hundred (100%) percent of the Contract Price, said bonds to be provided as follows:

A. A Bond guaranteeing the work to be done.

B. A Bond conditioned for the prompt payment of all materials furnished and labor supplied or performed in the prosecution of the work, whether or not said material or labor enter into and become component parts of the work improvement herein contemplated.

Upon completion of the project, Contractor shall furnish a maintenance bond, dated as of the day of acceptance by the municipal engineer, architect or official managing the project, in the amount and terms specified in the Contract Documents for the project. In the event no provision for a maintenance bond is set forth in the Contract Documents, the amount of the bond shall be one hundred

(100%) percent of the contract price for a two (2) year period from the day of acceptance by the municipal engineer, architect or official managing the project.

ARTICLE 12. PENNSYLVANIA NON-DISCRIMINATION REQUIREMENTS

Municipality and Contractor agree that in the performance of this contract, there will be no discrimination against any employee, job applicant, or business on account of race, color, sex, religious creed, ancestry, age, or national origin, and that all requirements of the

Pennsylvania Human Relations Act (43 P.S. 951, et. seq.) 43 P.S. 153, Executive Order 1972-1, and Contract Compliance Regulations

(16 PA Code, Ch.49) as revised and printed in the Pennsylvania Bulletin Vol. 5, No. 10, Saturday, March 8, 1975, of the Pennsylvania

Human Relations Commission are part of this Agreement. Contractor shall note that the Non-Discrimination Clause and its eleven

(11) points contained herein, is incorporated by reference into this contract.

ARTICLE 13. EXECUTIVE ORDER 11246

Compliance with the requirements of Executive Order 11246 as amended; in particular the requirements applicable to Hometown

Plans (Pittsburgh Plan), part of the Housing and Community Development Act of 1974 is incorporated by reference into this contract.

All applicable questionnaires, form filing and wage verifications must be completed and forwarded to monitoring offices. It is the responsibility of the Contractor to insure subcontractor’s compliance with these regulations.

ARTICLE 14. EXECUTIVE ORDERS 11625 AND 12138

Compliance with the requirements of Executive Order 11625, the Minority Business Participation Program and Executive Order

12138, the Female Business Participation Program are required by this Contract. It is the responsibility of the Contractor to insure subcontractor’s compliance with these regulations.

ARTICLE 15. DAVIS-BACON ACT

The requirements of the Davis-Bacon Act shall be incorporated by reference into this Agreement. Minimum wage rates, as included in this contract, must be met. Minimum wage rates for federal and federally assisted construction and demolition projects shall be particularly adhered to.

ARTICLE 16. FEDERAL LABOR STANDARDS PROVISIONS

The Federal Labor Standards Provisions shall be incorporated by reference into this Agreement.

ARTICLE 17. PREVAILING WAGE DECISION

The US Secretary of Labor’s Area Wage Decision ______________________________________________setting the prevailing wages for this project, included in the Contract Documents, are made part of this Agreement.

ARTICLE 18. PHOTOGRAPHS

Contractor, for its own protection, shall take pictures of the work area before any work begins.

ARTICLE 19. ACCESS TO RECORDS

SRCOG, ACED, and Municipality have the right to access any contract related books, documents, papers or records of the Contractor for the purpose of monitoring and auditing this project.

ARTICLE 20. MAINTENANCE OF RECORDS

Contractor agrees to retain all CDBG related records for a period of three (3) years after the project has been officially closed out by ACED.

ARTICLE 21. ADDENDA, SUPPLEMENTAL CONDITIONS AND/OR MODIFICATIONS

The following is an enumeration of Addenda or Modifications:

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first entered above.

ATTEST: CONTRACTOR

______________________________________ BY

Secretary / witness

Title

Corporate Seal

(if incorporated)

Date

FULL BUSINESS ADDRESS:

FEDERAL ID NO.

PHONE

FAX

STEEL RIVERS COUNCIL OF GOVERNMENTS

AGENT FOR MUNICIPALITY

ATTEST: BY ______________________________________

Secretary / Witness Title:

(Seal)

Date _____________________________________

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Previous editions are obsolete form HUD-4010 (06/2009) ref. Handbook 1344.1

Applicabil ity

The Project or Program to which the construct ion work covered by this contract pertains is being assisted by the United States of America and the fol lowing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appl icable to such Federal assistance.

A. 1. (i ) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, wi l l be paid uncondit ional ly and not less often than once a week, and without subsequent deduct ion or rebate on any account (except such payrol l deduct ions as are permit ted by regulat ions issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fu l l amount of wages and bona f ide fr inge benefi ts (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determinat ion of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relat ionship which may be al leged to exist between the contractor and such laborers and mechanics. Contribut ions made or costs reasonably ant ic ipated for bona f ide fr inge benef i ts under Sect ion l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contribut ions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the part icular weekly period, are deemed to be construct ively made or incurred during such weekly period.

Such laborers and mechanics shal l be paid the appropriate wage rate and fr inge benefi ts on the wage determinat ion for the classif icat ion of work actual ly performed, without regard to ski l l , except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one classif icat ion may be compensated at the rate specif ied for each classif icat ion for the t ime actual ly worked therein:

Provided, That the employer’s payrol l records accurately set forth the t ime spent in each classif icat ion in which work is performed. The wage determinat ion (including any addit ional c lassif icat ion and wage rates conformed under 29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH- 1321) shal l be posted at al l t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easi ly seen by the workers.

(i i ) (a) Any class of laborers or mechanics which is not l isted in the wage determinat ion and which is to be employed under the contract shal l be classif ied in conformance with the wage determinat ion. HUD shal l approve an addit ional c lassif icat ion and wage rate and fr inge benefi ts therefor only when the fol lowing cri ter ia have been met:

(1) The work to be performed by the classif icat ion requested is not performed by a classif icat ion in the wage determinat ion; and

(2) The classif icat ion is ut i l ized in the area by the construct ion industry; and

(3) The proposed wage rate, including any bona f ide fr inge benefi ts, bears a reasonable relat ionship to the wage rates contained in the wage determinat ion.

(b) I f the contractor and the laborers and mechanics to be employed in the classif icat ion (i f known), or their representat ives, and HUD or i ts designee agree on the classif icat ion and wage rate (including the amount designated for fr inge benefi ts where appropriate), a report of the act ion taken shal l be sent by HUD or i ts designee to the Administrator of the Wage and Hour Divis ion, Employment Standards Administrat ion, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representat ive, wi l l approve, modify, or disapprove every addit ional c lassif icat ion act ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB control number 1215- 0140.)

(c) In the event the contractor, the laborers or mechanics to be employed in the classif icat ion or their representat ives, and HUD or i ts designee do not agree on the proposed classif icat ion and wage rate (including the amount designated for f r inge benefi ts, where appropriate), HUD or i ts designee shal l refer the quest ions, including the views of al l interested part ies and the recommendation of HUD or i ts designee, to the Administrator for determinat ion. The Administrator, or an authorized representat ive, wi l l issue a determinat ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fr inge benefi ts where appropriate) determined pursuant to subparagraphs (1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l workers performing work in the classif icat ion under th is contract from the f irst day on which work is performed in the classif icat ion.

(i i i ) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fr inge benefi t which is not expressed as an hourly rate, the contractor shal l ei ther pay the benefi t as stated in the wage determinat ion or shal l pay another bona f ide fr inge benefi t or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably ant ic ipated in providing bona f ide fr inge benefi ts under a plan or program, Provided, That the Secretary of Labor has found, upon the writ ten request of the contractor, that the appl icable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obl igat ions under the plan or program. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federal ly-assisted contract subject to Davis-Bacon prevai l ing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprent ices, trainees and helpers, employed by the contractor or any subcontractor the ful l amount of wages required by the contract In the event of fai lure to pay any laborer or mechanic, including any apprent ice, trainee or helper, employed or working on the site of the work, al l or part of the wages required by the contract, HUD or i ts designee may, after wr i t ten not ice to the contractor, sponsor, appl icant, or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds unt i l such violat ions have ceased. HUD or i ts designee may, after wri t ten not ice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respect ive employees to whom they are due. The Comptrol ler General shal l make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrol ls and basic records relat ing thereto shal l be maintained by the contractor during the course of the work preserved for a period of three years thereafter for al l laborers and mechanics working at the si te of the work. Such records shal l contain the name, address, and social secur i ty number of each such worker, his or her correct c lassif icat ion, hourly rates of wages paid (including rates of contribut ions or costs ant ic ipated for bona f ide fr inge benefi ts or cash equivalents thereof of the types described in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and weekly number of hours worked, deduct ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably ant ic ipated in providing benefi ts under a plan or program described in Sect ion l(b)(2)(B) of the Davis- Bacon Act, the contractor shal l maintain records which show that the commitment to provide such benefi ts is enforceable, that the plan or program is f inancial ly responsible, and that the plan or program has been communicated in writ ing to the laborers or mechanics affected, and records which show the costs ant ic ipated or the actual cost incurred in providing such benefi ts.

Contractors employing apprent ices or trainees under approved programs shal l maintain wr it ten evidence of the registrat ion of apprent iceship programs and cert i f icat ion of trainee programs, the registrat ion of the apprent ices and trainees, and the rat ios and wage rates prescribed in the appl icable programs. (Approved by the Off ice of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)

(i i ) (a) The contractor shal l submit weekly for each week in which any contract work is performed a copy of al l payrol ls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee. The payrol ls submitted shal l set out accurately and completely al l of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that ful l social securi ty numbers and home addresses shal l not be included on weekly transmittals. Instead the payrol ls shal l only need to include an individual ly ident i fying number for each employee (e.g., the last four digits of the employee’s social securi ty number). The required weekly payrol l information may be submitted in any form desired.

Optional Form WH-347 is avai lable for th is purpose from the Wage and Hour Divis ion Web site at http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrol ls by al l subcontractors.

Contractors and subcontractors shal l maintain the ful l social securi ty number and current address of each covered worker, and shal l provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee, the contractor, or the Wage and Hour Divis ion of the Department of Labor for purposes of an invest igat ion or audit of compliance with prevai l ing wage requirements. I t is not a violat ion of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social securi ty numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.)

(b) Each payrol l submitted shal l be accompanied by a “Statement of Compliance,” s igned by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shal l cert i fy the fol lowing:

(1) That the payrol l for the payrol l period contains the information required to be provided under 29 CFR 5.5 (a)(3)(i i ), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;

http://www.dol.gov/esa/whd/forms/wh347instr.htm�

(2) That each laborer or mechanic (including each helper, apprent ice, and trainee) employed on the contract during the payrol l period has been paid the ful l weekly wages earned, without rebate, either di rect ly or indi rect ly, and that no deduct ions have been made either di rect ly or indirect ly from the ful l wages earned, other than permissible deduct ions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the appl icable wage rates and fr inge benefi ts or cash equivalents for the classif icat ion of work performed, as specif ied in the appl icable wage determinat ion incorporated into the contract.

(c) The weekly submission of a properly executed cert i f icat ion set forth on the reverse side of Optional Form WH-347 shal l sat isfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(i i )(b).

(d) The fals i f icat ion of any of the above cert i f icat ions may subject the contractor or subcontractor to civi l or c riminal prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion 231 of Tit le 31 of the United States Code.

(i i i ) The contractor or subcontractor shal l make the records required under subparagraph A.3.(i) avai lable for inspect ion, copying, or transcript ion by authorized representat ives of HUD or i ts designee or the Department of Labor, and shal l permit such representat ives to interview employees during working hours on the job. I f the contractor or subcontractor fai ls to submit the required records or to make them avai lable, HUD or i ts designee may, after wri t ten not ice to the contractor, sponsor, appl icant or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, fai lure to submit the required records upon request or to make such records avai lable may be grounds for debarment act ion pursuant to

29 CFR 5.12.

4. Apprentices and Trainees.

(i ) Apprentices. Apprent ices wil l be permit ted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individual ly registered in a bona f ide apprent iceship program registered with the U.S. Department of Labor, Employment and Training Administrat ion, Off ice of Apprent iceship Training, Employer and Labor Services, or with a State Apprent iceship Agency recognized by the Off ice, or i f a person is employed in his or her f i rst 90 days of probat ionary employment as an apprent ice in such an apprent iceship program, who is not individual ly registered in the program, but who has been cert i f ied by the Off ice of Apprent iceship Training, Employer and Labor Services or a State Apprent iceship Agency (where appropriate) to be el igible for probat ionary employment as an apprent ice. The al lowable rat io of apprent ices to journeymen on the job site in any craft c lassif icat ion shal l not be greater than the rat io permit ted to the contractor as to the ent ire work force under the registered program. Any worker l isted on a payrol l at an apprent ice wage rate, who is not registered or otherwise employed as stated above, shal l be paid not less than the appl icable wage rate on the wage determinat ion for the classif icat ion of work actual ly performed. In addit ion, any apprent ice performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. Where a contractor is performing construct ion on a project in a local i ty other than that in which i ts program is registered, the rat ios and wage rates (expressed in percentages of the journeyman’s hourly rate) specif ied in the contractor’s or subcontractor’s registered program shal l be observed. Every apprent ice must be paid at not less than the rate specif ied in the registered program for the apprent ice’s level of progress, expressed as a percentage of the journeymen hourly rate specif ied in the appl icable wage determinat ion.

Apprent ices shal l be paid fr inge benefi ts in accordance with the provisions of the apprent iceship program. I f the apprent iceship program does not specify fr inge benefi ts, apprent ices must be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion for the appl icable classif icat ion. I f the Administrator determines that a dif ferent pract ice prevai ls for the appl icable apprent ice classif icat ion, fr inges shal l be paid in accordance with that determinat ion. In the event the Off ice of Apprent iceship Training, Employer and Labor Services, or a State Apprent iceship Agency recognized by the Off ice, withdraws approval of an apprent iceship program, the contractor wi l l no longer be permit ted to ut i l ize apprent ices at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i ) Trainees. Except as provided in 29 CFR 5.16, trainees wil l not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individual ly registered in a program which has received prior approval, evidenced by formal cert i f icat ion by the U.S. Department of Labor, Employment and Training Administrat ion. The rat io of t rainees to journeymen on the job site shal l not be greater than permit ted under the plan approved by the Employment and Training Administrat ion. Every trainee must be paid at not less than the rate specif ied in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specif ied in the appl icable wage determinat ion. Trainees shal l be paid fr inge benefi ts in accordance with the provisions of the trainee program. I f the trainee program does not mention fr inge benefi ts, t rainees shal l be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion unless the Administrator of the Wage and Hour Divis ion determines that there is an apprent iceship program associated with the corresponding journeyman wage rate on the wage determinat ion which provides for less than ful l f r inge benefi ts for apprent ices. Any employee l isted on the payrol l at a trainee rate who is not registered and part ic ipat ing in a training plan approved by the Employment and Training Administrat ion shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In addit ion, any trainee performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In the event the Employment and Training Administrat ion withdraws approval of a tra ining program, the contractor wi l l no longer be permit ted to ut i l ize trainees at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i i ) Equal employment opportunity. The ut i l izat ion of apprent ices, trainees and journeymen under 29 CFR Part 5 shal l be in conformity with the equal employment opportunity requirements of Execut ive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shal l comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor wi l l insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in th is paragraph A and such other clauses as HUD or i ts designee may by appropr iate instruct ions require, and a copy of the appl icable prevai l ing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for the compliance by any subcontractor or lower t ier subcontractor with al l the contract c lauses in this paragraph.

7. Contract termination; debarment. A breach of the contract c lauses in 29 CFR 5.5 may be grounds for terminat ion of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rul ings and interpretat ions of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes aris ing out of the labor standards provisions of this contract shal l not be subject to the general disputes clause of this contract. Such disputes shal l be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this c lause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U.S. Department of Labor, or the employees or their representat ives.

10. (i) Certification of Eligibil ity. By entering into th is contract the contractor cert i f ies that neither i t (nor he or she) nor any person or f i rm who has an interest in the contractor’s f i rm is a person or f i rm inel igible to be awarded Government contracts by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i ) No part of this contract shal l be subcontracted to any person or f i rm inel igible for award of a Government contract by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i i ) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly, U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C., “Federal Housing Administrat ion transact ions”, provides in part : “Whoever, for the purpose of . . . inf luencing in any way the act ion of such Administrat ion.. . . . makes, utters or publ ishes any statement knowing the same to be false shal l be f ined not more than $5,000 or imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are appl icable shal l be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or inst i tuted or caused to be inst i tuted any proceeding or has test i f ied or is about to test i fy in any proceeding under or relat ing to the labor standards appl icable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(2) Violation; l iabil ity for unpaid wages; l iquidated damages. In the event of any violat ion of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shal l be l iable for the unpaid wages. In addit ion, such contractor and subcontractor shal l be l iable to the United States (in the case of work done under contract for the District of Columbia or a terri tory, to such District or to such terri tory), for l iquidated damages. Such l iquidated damages shal l be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violat ion of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.

(3) Withholding for unpaid wages and l iquidated damages. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federal ly-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to sat isfy any l iabi l i t ies of such contractor or subcontractor for unpaid wages and l iquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shal l insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shal l be required to work in surroundings or under working condit ions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construct ion safety and heal th standards promulgated by the Secretary of Labor by regulat ion.

(2) The Contractor shal l comply with al l regulat ions issued by the Secretary of Labor pursuant to Tit le 29 Part 1926 and fa i lure to comply may result in imposit ion of sanct ions pursuant to the Contract Work Hours and Safety Standards Act, (Publ ic Law 91-54, 83 Stat 96). 40 USC 3701 et seq.

(3) The contractor shal l include the provisions of this paragraph in every subcontract so that such provisions wi l l be binding on each subcontractor. The contractor shal l take such act ion with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shal l di rect as a means of enforcing such provisions.

Rev. January 2025 OMB No.: 1235-0008 Expires: 01/31/2028

U.S. Department of Labor Wage and Hour Division

Davis-Bacon and Related Acts Weekly Cer� fied Payroll Form (For Contractor’s Op� onal Use; See Instruc� ons at www.dol.gov/whd/forms/wh347instr.htm)

Unless otherwise noted, the informa� on requested is specific to the named project below.

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

SUBMISSION OF FINAL DBRA CERTIFIED PAYROLL FORM PRIME CONTRACTOR SUBCONTRACTOR

PROJECT NAME PROJECT NO. or CONTRACT NO. CERTIFIED PAYROLL NO. PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS NAME

PROJECT LOCATION WAGE DETERMINATION NO. WEEK ENDING DATE PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS ADDRESS

(1A) (1B) (1C) (1D) (1E) (2) (3) (4) (5) (6A) (6B) (6C) (7A) (7B) (8) (9)

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While use of Form WH-347 itself is op. onal, covered contractors and subcontractors performing work on Federal or federally assisted construc � on contracts are required by the DBRA regula � ons and the contract clauses to submit payroll informa� on on a weekly basis. The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federal or federally financed construc � on contracts to, on a weekly basis, “furnish a statement on the wages paid each employee during the prior week.” U.S. Department of Labor (DOL) Regula � ons at 29 C.F.R.